Considering Legal Separation? Contact a Santa Barbara Attorney for Assistance
If your marriage is in trouble, we can help you take the next step
There are three stages to the termination of a marriage:
- Informal separation
- Legal separation
Informal separation is when a couple decides to take a little time apart. If they have children, the terms of visitation are probably agreed upon orally. At this point, they may be thinking the separation is temporary, and they don't need a lawyer. If the informal separation progresses to the next stage, each party should retain a family attorney experienced in legal separation agreements.
What distinguishes informal separation from legal separation?
Unlike informal separation, legal separation is a formalized legal procedure. The couple creates a written agreement establishing the terms of separation, including spousal support, child custody, child support, and other matters that would normally be present in a divorce decree. The court enters an order adopting the agreement under which the couple must operate. It is imperative that the couple seek independent family law attorneys to prepare the document since it has significant financial and tax consequences for each party. The parties must agree to a legal separation; if they cannot, the only recourse is divorce. Attorney Glenn L. Robertson has over 20 years experience representing clients in Santa Barbara, Santa Maria, Summerland, Lompoc, Carpinteria and the surrounding communities.
What are the advantages of legal separation?
- It allows couples to experience financial and custody arrangements in a daily living situation.
- It allows couples whose religions frown on divorce to live separately under a formal agreement.
- It allows spouses to retain the right to certain financial benefits; for example, insurance coverage, social security, tax, and retirement.
- It allows the couple to emotionally get used to the idea of divorce.
- It prepares the couple for divorce by forcing them to amicably work out the details of a property settlement agreement.
What are the requirements and consequences of legal separation?
- The couple is not divorced; they cannot remarry while legally separated.
- The legal separation order is judicially enforceable.
- The legal separation is immediate; there is no waiting period.
- There are no residency requirements for filing a legal separation.
Board Certified family attorney Glenn L. Robertson understands the turmoil you are facing if your marriage is faltering. He is a trained counselor and legal separation lawyer and can help you create an acceptable exit plan.
Legal separations create legal responsibilities; contact our office for assistance
Contact Glenn L. Robertson's Santa Barbara office online or at 805-963-3535 for legal separation advice. With evening and weekend appointments available upon request, Mr. Robertson serves clients in Santa Barbara and Ventura counties.